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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
VIKAS BAHL
Super Wood Crafts (P) Ltd. – Appellant
Versus
National Insurance Company Limited – Respondent
JUDGMENT :
VIKAS BAHL, J.
CHALLENGE IN BOTH THE CIVIL REVISIONS:-
1. This order shall dispose of two civil revisions in which challenge is to the common order dated 15.10.2016 vide which the objections filed by the Judgment Debtors i.e., owner and driver of the vehicle in question, in the execution proceedings have been dismissed. CR- 8138-2016 titled as “Super Wood Crafts (P) Ltd. Vs. National Insurance Company Limited and another”, has been filed by the owner and CR-2727-2017 has been filed by the driver of the vehicle in question.
ARGUMENTS ON BEHALF OF THE PETITIONER(S):-
2. Learned counsel for the petitioner(s) in both the revision petitions have submitted that in the present case, vide award dated 24.04.2000, the MACT Gurgaon had awarded an amount of Rs.65,000/- along with interest at the rate of 12% per annum from the date of petition till its realisation and had further imposed cost of Rs.1000/-. It is submitted that although, the Insurance Company had filed an appeal i.e., FAO-1895-2000 on 25.07.2000 and the said appeal was decided on 14.01.2014 and the execution petition was filed on 16.03.2016, but respondent No.1-Insurance Company should have deposited the amount within a p
Insurer's execution for recovering compensation from vehicle owner after appellate pay-and-recover direction is subject to 12-year limitation from appellate order; MV Act does not exempt it.
Execution petitions under the Motor Vehicles Act are subject to a 12-year limitation period, and failure to comply renders them invalid.
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